Since 1919, the Court has been reinterpreting, and limiting, the First Amendment.
The United States Supreme Court on Jan. 12. By Christopher B. Daly Christopher B. Daly is a reporter, historian and professor at Boston University and the author of the prize-winning study of the history of U.S. journalism titled"Covering America.
So Wilson launched a wide-scale program of propaganda and domestic censorship. Congress went even further with the Espionage and Sedition Acts. These laws banned traditional forms of spying for America’s enemies in wartime, then went much further, making it a crime to even express certain ideas. Prosecutors quickly began filing criminal charges against thousands of Americans for criticizing the war. Defendants pushed back, arguing that the First Amendment protected them from such prosecution.
The Supreme Court ultimately upheld the ruling. In the unanimous opinion, Justice Oliver Wendell Holmes wrote that Schenck’s attempt to induce his readers to resist the military draft was intolerable, at least in wartime. “The character of every act depends upon the circumstances in which it is done,” Holmes wrote, then followed with this famous phrase: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.
That changed with Schenck. Holmes’s ruling meant that once the United States launched a war, there was no room left under the Constitution for debate — not about the war’s ultimate wisdom, the rightness of its aims or the effectiveness of the tactics. Why? After a summer of soul searching about press freedom, Holmes underwent something of a conversion. In October, he wrote in a letter to a friend that, although he still had doubts about the wisdom of an absolute freedom of speech, he considered the principle so important that, he wrote, “I hope I would die for it.”
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